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Contingency Contract
I need a contingency contract for a project-based consultant who will provide IT services on an as-needed basis, with a maximum of 20 hours per week. The contract should include a clause for termination with a 2-week notice period and specify that all deliverables must meet predefined quality standards.
What is a Contingency Contract?
A Contingency Contract sets up a flexible business agreement where specific actions or payments depend on future events happening first. Under Belgian law, these contracts help businesses manage uncertainty by clearly stating what each party must do when certain conditions are met - like paying a bonus once sales targets are reached.
Belgian courts enforce these agreements when they include clear triggers, measurable outcomes, and reasonable timeframes. Common uses include performance-based consulting fees, staged construction payments, and sales commission structures. The key is that all conditions must be possible and legal under Belgian Civil Code requirements for valid contracts.
When should you use a Contingency Contract?
Consider using a Contingency Contract when you need to create business agreements that depend on future events or performance targets. These contracts work especially well for Belgian consulting projects, sales commission structures, and construction deals where payments or obligations activate only after specific milestones are achieved.
They're particularly valuable when dealing with uncertain outcomes in mergers and acquisitions, real estate developments, or performance-based service agreements. Belgian law supports these contracts for managing complex business relationships where traditional fixed terms might be too rigid. The key is defining clear, measurable triggers that align with your business goals while staying within Belgian Civil Code requirements.
What are the different types of Contingency Contract?
- Performance-Based Contracts: Link payments or obligations to specific achievements, commonly used in Belgian sales and consulting
- Event-Triggered Agreements: Activate specific terms when predetermined events occur, popular in construction and real estate
- Milestone-Based Contracts: Structure obligations around project phases or completion stages
- Revenue-Share Agreements: Tie compensation to business performance or revenue targets
- Risk-Management Contracts: Address specific uncertainties in mergers, acquisitions, or major business transactions under Belgian law
Who should typically use a Contingency Contract?
- Business Owners: Use Contingency Contracts to structure flexible payment terms and performance-based agreements
- Legal Counsel: Draft and review contracts to ensure compliance with Belgian contract law and protect client interests
- Sales Professionals: Rely on these agreements for commission structures and performance bonuses
- Construction Companies: Implement milestone-based payment schedules and project delivery terms
- Consultants: Structure fee arrangements based on deliverables or achieved outcomes
- Corporate Executives: Negotiate and approve performance-linked compensation packages
How do you write a Contingency Contract?
- Define Triggers: List all specific conditions or events that will activate contract obligations
- Set Metrics: Establish clear, measurable performance indicators or milestones
- Timeline Planning: Document deadlines, review periods, and completion dates for each contingency
- Party Details: Gather complete information about all involved parties, including legal status and signing authority
- Payment Terms: Outline precise payment amounts, schedules, and conditions under Belgian law
- Documentation: Specify required proof or verification methods for meeting contingencies
- Draft Review: Use our platform to generate a compliant contract that includes all essential elements
What should be included in a Contingency Contract?
- Party Information: Full legal names, addresses, and registration details of all involved parties
- Contingent Events: Clear description of triggering conditions and measurement criteria
- Performance Terms: Specific obligations that activate upon meeting contingencies
- Timeline Details: Deadlines, notification periods, and expiration dates
- Payment Provisions: Amount, method, and timing of contingent payments
- Dispute Reֱ: Belgian court jurisdiction and applicable conflict reֱ procedures
- Verification Methods: Procedures for confirming contingency fulfillment
- Termination Clauses: Conditions and process for ending the agreement
What's the difference between a Contingency Contract and a Contingency Fee Agreement?
People often confuse a Contingency Contract with a Contingency Fee Agreement, but they serve different purposes under Belgian law. While both involve future conditions, their scope and application differ significantly.
- Purpose and Scope: Contingency Contracts cover any business condition or milestone, while Contingency Fee Agreements specifically deal with professional service fees, typically in legal cases
- Payment Structure: Contingency Contracts can include various types of obligations beyond payment, whereas Contingency Fee Agreements focus solely on percentage-based compensation
- Industry Application: Contingency Contracts are used across all business sectors for diverse conditions, while Contingency Fee Agreements are primarily used in legal services and litigation
- Risk Distribution: Contingency Contracts balance risk between parties based on defined events, while Contingency Fee Agreements shift financial risk mainly to the service provider
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